Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Showing posts with label child support. Show all posts
Showing posts with label child support. Show all posts
Friday, February 29, 2008
Divorced wife sought increased child support and alimony from stock broker ex-husband in 2006 from the Scotts Bluff County District court following their divorce in 2002. The husband now lived in India working for Lehman Brothers and earned $550,000 per year plus extra "expatriate compensation" of nearly $10,000 per year. The wife went from earning about $29000 per year soon after the divorce to nothing as of the time she filed the modification. The Nebraska Supreme Court agrees to the District Corut's increase of child support to $4,250 per month for two children and $3,250 per month for one child. T he court denied, however, Lana’s request to increase R obert’s alimony obligation. Nebraska Supreme Court agrees to the child support increase, but denies the alimony increase. Also although the expatriate compensation counts as income for child support purposes the trial court correctly deviated from the guidelines when it accounted for the husbands increased expenses while working in India, including nearly $8000 monthly rent, hiring a private driver and expensive plane trips home. Simpson v. Simpson, S-06-1461, 275 Neb. 152
"The evidence reflects that the additional living expenses incurred by R obert while living in
Mumbai are significant. A mong those expenses are rental paymentsof $7,905 per month. R obert’s employer would not allowhim to drive a car in India, and he therefore had to employ a
full-time driver. A lso, each trip to and from the United States for holidays, visitation, et cetera, cost $3,000 to $6,000 per trip in airfare. T hese are additional expenses that R obert would
Monday, December 24, 2007
Nebraska Supreme Court declines to reduce father's child support obligation for social security benefits one of his disabled children receives. Gress v. Gress, S-06-607, 274 Neb. 686. One of the father's children had downs syndrome and received $564 per month social security benefits. the decision does not specify whether the social security took the form of SSI or SSDI. The father argued that in accordance with Ward v. Ward, 7 N eb. A pp. 821, 585 N .W.2d 551 (1998) he should receive a credit for some of the social security support. The Nebraska Supreme Court declines to overrule Ward, distinguishing the situation where a disabled child has additional needs that government benefits support from one where the child is otherwise normal but receives the benefits because of the death of the parent. "it not appropriate to offset child support costs where, as here, the Social Security benefits are intended to mitigate the additional costs that accompany disabilities." The Supreme Court might have discussed whether it would distinguish between Title II disability benefits, for example benefits to children of deceased or disabled workers and Title XVI benefits which are benefits to disabled children that parents' payroll contributions do not fund.
Labels:
child support,
domestic relations,
social security
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